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Family Law Across Borders

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International Family Law Resources

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agreement

Case Update (3 April 2023): Rzeczkowski v. Borrero; Colombian notary is different than a U.S. notary, and two prenuptial “agreements” signed in Colombia are subject to recognition as a matter of comity if they do not violate public policy

May 4, 2023

The parties met, began dating, and moved to Colombia, where the Wife lived.  The Wife was a successful executive, but the Husband, despite having an Executive MBA, was not employed, waiting for the perfect job in start-ups to come along.  When they got engaged, they decided to enter into … Read More about Case Update (3 April 2023): Rzeczkowski v. Borrero; Colombian notary is different than a U.S. notary, and two prenuptial “agreements” signed in Colombia are subject to recognition as a matter of comity if they do not violate public policy

Category iconagreement,  Contract,  notarization,  notary,  Premarital Agreements,  prenuptial,  property,  ratification of agreement,  voluntary agreement

Case Update (8 Feb 2023): In re Marriage of Mwinyelle; there is more than one Hague Convention; know which one you are referencing and how to see if a country is a Contracting State

February 14, 2023

Husband and Wife engaged in mediation in Arizona that ultimately reached certain settlements. One of those agreements was that "no parent shall be required to give consent to travel to countries that are not signer [sic] to the Hague convention." Post-mediation, the spouses exchanged drafts of a … Read More about Case Update (8 Feb 2023): In re Marriage of Mwinyelle; there is more than one Hague Convention; know which one you are referencing and how to see if a country is a Contracting State

Category iconagreement,  Hague Abduction Convention,  invalidate,  validity,  voluntary agreement

Event Updates (2023 February): Join these International Family Law Events in February 2023

January 28, 2023

Monday, February 6th - 12 p.m. to 2:30 p.m. ET - Learning the Fundamentals for Your International Family Law Practice: Comparative Law and Jurisdiction - Registration click here Thursday, February 9th - 12 p.m. to 1:30 p.m. ET - Representing UN Employees In Their Family Law Disputes - … Read More about Event Updates (2023 February): Join these International Family Law Events in February 2023

Category iconagreement,  divorce,  foreign divorce,  Hague Service Convention,  international organization,  jurisdiction,  Overseas Service,  retirement,  service,  service of process,  subject matter jurisdiction,  United Nations,  voluntary agreement

Case Update (29 Nov 2022): Brandt v. Caracciolo; childrens’ return to Sweden denied

December 6, 2022

On November 29, 2022, the District Court of the WD of North Carolina denied Ms. Brandt’s request to return the parties’ two children, both born in Sweden, to Sweden using the Hague Abduction Convention.  The children, born in October 2016 and September 2019, were the subject of a social welfare … Read More about Case Update (29 Nov 2022): Brandt v. Caracciolo; childrens’ return to Sweden denied

Category iconabduction,  agreement,  Child Abduction,  Hague Abduction Convention,  prima facie

HCCH Update (4 March 2022): Council Meeting concludes; Voluntary Agreements Project

March 8, 2022

On Friday, March 4, 2022, the Hague Conference's Council on General Affairs, the governing body of the organization, concluded its annual meeting. Council reviewed a long standing project at its meeting, and the end product is now publicly available on the Hague Conference's website. The … Read More about HCCH Update (4 March 2022): Council Meeting concludes; Voluntary Agreements Project

Category iconabduction,  agreement,  Child Abduction,  child support,  Hague Abduction Convention

Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement

August 12, 2021

On August 5, 2021, the U.S. Court of Appeals for the Fourth Circuit affirmed the Eastern District of Virginia in the case of Aluker v. Yan. This was an unpublished, non-binding, opinion. The parties and their two children had resided in Portugal since 2017, they separated shortly after arriving … Read More about Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement

Category iconabduction,  agreement,  Child Abduction,  custody rights,  Hague Abduction Convention,  Right of Custody,  rights of custody

Case Update (2021): Aluker v. Yan; right of custody pursuant to a Property Settlement Agreement, Article 3 “legal effect”

April 15, 2021

On March 4, 2021, Judge Liam O'Grady of the U.S. District Court of the EDVa, entered an order in the case of Aluker v. Yan, granting Respondent's motion for judgment on partial findings.  Petitioner has appealed.In September 2017, the Aluker-Yan family moved from the United States to Portugal, … Read More about Case Update (2021): Aluker v. Yan; right of custody pursuant to a Property Settlement Agreement, Article 3 “legal effect”

Category iconagreement,  Child Abduction,  choice of law,  court approval,  custody rights,  Hague Abduction Convention,  ratification of agreement,  Right of Custody,  rights of custody

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